Theme: Health & Environment

E-Cigarettes

An electronic cigarette, or e-cigarette, refers to an electronic device that heats any substance (regardless of whether it has nicotine or any flavour) to create an aerosol that can be inhaled.

E-cigarettes used to be unregulated in India till 2019. However, they were later declared illegal.

Under the law, the following is banned:

Production/manufacture of e-cigarettes

It is illegal for you to produce or manufacture e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year and/or a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Import/export/transport of e-cigarettes

It is illegal for you to export, import or transport e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019)) If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Sale/distribution of e-cigarettes

It is illegal for you to sell or distribute e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Advertisement of e-cigarettes

It is illegal for you to advertise e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Storage of e-cigarettes

You may not allow any of your property to be used for storage of e-cigarettes. If any property that you own is being used as storage of e-cigarettes, you must make a list of the stock. Thereafter, you must submit it to the nearest police station to a police officer who is at least a sub-inspector(( Section 5, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 6 months and/or a fine of up to Rs. 50,000.(( Section 8, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Read more on cigarettes and tobacco products here.

 

Opium and Opium Poppy

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Opium is the solidified juice of the opium poppy, which is the base plant from which opium is extracted. It is a white juice that is extracted from the poppy plant with the help of scalps in a very careful manner. It does not include any preparation containing less than 0.2% of morphine.

It is illegal to cultivate, produce, manufacture, possess, transport, inter-state import or export, sell, purchase or use opium and opium poppy. The punishment for carrying out any of these activities is proportional to the quantity of opium or opium poppy involved and not the type of activity.

  • Small quantity (25 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 25 gm to 2.5 kg – jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (2.5 kg) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs(( Section 18, Narcotic Drugs and Psychotropic Substances Act, 1985))

Prepared Opium

Prepared opium is any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking, wherein the residue remaining after opium is smoked. 

It is illegal to manufacture, possess, transport, inter-state import/export, sell, purchase or use Prepared Opium. The punishment for carrying out any of these activities is proportional to the quantity of Prepared Opium involved and not the type of activity.

  • Small quantity (5 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 5 gm to 250 gm – jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (250 gm) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs(( Section 17, Narcotic Drugs and Psychotropic Substances Act, 1985))

 

How is a Covid-19 vaccination developed?

The Covid-19 vaccine is developed in the following manner(( COVID-19 Vaccines Operational Guidelines, Ministry of Health and Family Welfare, accessed at https://main.mohfw.gov.in/newshighlights-31 (Page 18)):

Phases of vaccine development or trial Purpose
Pre-clinical phase In this stage, the vaccine is developed in the laboratory.
Phase 1 Clinical trial (8-10 participants) Phase 1 is essential for testing the safety of the vaccine.
Phase 2 Clinical trial (50-100 participants) Phase 2 is essential for testing vaccine immunogenicity i.e. production of antibodies against viruses.
Phase 3 Clinical trial (30,000-50,000 participants) Phase 3 is essential for testing actual protection offered by the vaccine, i.e, based on a larger survey group.

Once the vaccine clears phase 3 of the trial, it is eligible to get licensed and becomes available to the public on the basis of government guidelines.

Living in Society

Every person with a mental illness has a right to((Section 19(1),  the Mental Healthcare Act, 2017 )) live with and be a part of the society or community. In other words, just because a person with mental illness has no family or is homeless does not mean that they will be institutionalized in a mental health establishment.

Sometimes the family may abandon the person with mental illness. In such situations, it is the duty of the government to provide appropriate support, such as:

  • Legal aid
  • Community-based establishments, such as half-way homes, group homes, etc.,
  • Facilitate them living with their family/in the family home((Section 19(2)(3),  the Mental Healthcare Act, 2017 ))

For example, it is the duty of the government to find accommodation for beggars. The government cannot force them to stay in a mental health establishment.

Can a pregnant minor give consent for an abortion?

If the person who needs an abortion is a minor, i.e. a person below 18 years of age, then the consent of her guardian is compulsory(( Section 3(4)(a), The Medical Termination Of Pregnancy Act, 1971)). A guardian will be the parent or any person who takes care of her under the law. The doctor has a duty to make sure that the guardian’s consent is obtained before conducting the abortion on a minor.

If the doctor suspects that the pregnancy is a result of child sexual abuse, the doctor has a duty to report it to the police. Even though the doctor may know about it through discharge of their professional duties or within a confidential relationship, they are still legally bound to report any suspicion of child sexual abuse

Complaining Against Doctors or Hospitals

If patients or their caregivers have a grievance against a doctor or the hospital administration regarding the quality of treatment provided, they have a right to seek redressal for the same. Further, they can do so if any of their other rights as patients have been violated. For instance, violation of privacy, discrimination against you etc.

Hospital’s Grievance Office

This can be the first place to approach when seeking redressal against professional misconduct(( Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002)) by a doctor or hospital. A grievance redressal mechanism in a hospital works on resolving issues faced by patients. However, if the issue is not satisfactorily resolved at this level, the patient can approach the other authorities given below.

National, State or District Level Council of Clinical Establishments

Clinical establishments are government or private places that provide medical services. For instance, if there are any shortcomings of clinical establishments in meeting standards of infrastructure or care, you can approach the officer or authority of a State or Union Territory(( Clinical Establishment (Registration and Regulation) Act 2010)) to report issues. For example, you can complain if the medical equipment is not in a good working condition or if they lose or misplace your medical records.  You can find a list of officers in each State here.

State Medical Councils

You can approach State Medical Councils to seek disciplinary action against a doctor or hospital administration.(( Section 8.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002))Further, to find a list of state councils, see here.

Police

In case of criminal conduct by the doctor or hospital administration, you can file an FIR against them. Further, you can also call on 100 (police helpline) to register a complaint.

Appeal Against Smoking Violations

If you violate any of the rules under the law(( The Cigarettes and Other Tobacco Products Act, 2003.)) on cigarettes and tobacco products, you may face punishment in terms of being imprisoned, paying fines, etc.

Decision by the Court

The appellate court will take into account additional evidence, if any and give an opportunity to hear you out. Then the Court will pass a decision, a decision which is final. This means that you can appeal only once under this law.(( Section 19(3), the Cigarettes and Other Tobacco Products Act, 2003.))

Appeal

You can also appeal the decision given by the court(( Section 19(1), the Cigarettes and Other Tobacco Products Act, 2003.)). Please note that the fine amount cannot be increased during appeal unless you have been heard in person or by a representative defending you.(( Section 19(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

 

Cocaine

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Cocaine is a manufactured drug made from coca leaf of the coca plant. It is illegal to manufacture, possess, transport and inter-state import/export, sell, purchase and use cocaine. The punishment for carrying out any of these activities is proportional to the quantity of Cocaine involved and not the type of activity.

  • Small quantity (2 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 2 gms – 100 gms – jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (100 gm) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs.(( Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985))

Coca Plant

There is also a separate punishment for cultivating, gathering, producing, possessing, transporting, importing, exporting, selling, purchasing and using the Coca Plant. For any of these activities, you can be punished with jail time  up to 10 years and fine up to Rs 1 lakh.(( Section 16, Narcotic Drugs and Psychotropic Substances Act, 1985))

What is the punishment for violating Lockdown Orders?

The punishments for violating lockdown orders are:

Offence Punishment
Negligently spreading the infection of disease The punishment is jail time of up to 6 months or/and  fine(( Section 269, the Indian Penal Code, 1860))
Running away from hospitals during and after the period of testing The punishment is jail time of up to 6 months or/and  fine(( Section 269, the Indian Penal Code, 1860))
Disobeying a public servant doing their duty The punishment is jail time of up to 1 month or/and a fine of Rs. 200((  Section 188, Indian Penal Code, 1860))
Causing a riot or group fighting The punishment is jail time of up to 2 years or/and  a fine(9 Section 147, Indian Penal Code, 1860))
Causing danger to human life, health or safety The punishment is jail time of up to 6 months or/and  a fine of Rs. 1000(( Section 188, Indian Penal Code, 1860))

The police can file an FIR if someone violates  the laws given above. To read more on the First Information Report, see our explainer on FIR.

 

Right to Access Mental Healthcare

Every person has the right to access mental health care from government-funded mental healthcare services. These services include((Section 18(4),  the Mental Healthcare Act, 2017 )):

  • Acute mental healthcare services like outpatient and inpatient services
  • Half-way homes, sheltered accommodation, supported accommodation
  • Mental health services to support the family of a person with mental illness or home-based rehabilitation
  • Hospital, community-based rehabilitation establishments and services
  • Child mental health services and old age mental health services.

Cost of Mental Health Services 

The government must make the medicines, as mentioned on the Essential Drug List, free of charge for all persons with mental illness at mental health establishments run/funded by the government((Section 18(10),  the Mental Healthcare Act, 2017 )). Persons with mental illness who are destitute, homeless, or living below poverty line, are entitled to free mental healthcare services. They can approach mental health establishments run/funded by the government((Section 18(7),  the Mental Healthcare Act, 2017. ))